Applications for licenses to provide labour hire services open today.
It will be an offence to operate as, advertise, or use the services of, an unlicensed labour hire provider in Victoria after 20 October 2019.
The labour hire licensing scheme in Victoria was enacted under the Labour Hire Licensing Act 2018 (Vic) (Act) on 20 June 2018. It requires all labour hire providers in Victoria to be licensed in accordance with the Act with minimal exceptions.
Does this apply to me?
The Act defines labour hire services broadly and is designed to capture a broad range of services where an individual (worker) performs work for a host entity, arranged and paid through a third party (labour hire provider).
If your business is involved in the supply of workers, the business is likely a labour hire provider and must apply for a licence to operate. If your business engages labour through a third party supplier, the provider will likely be required to be licensed as a labour hire provider before you can continue using their labour. Labour hire providers will also need to comply with annual reporting obligations.
The application process is intended to be a straight forward online process via the Labour Hire Authority's website. A register of licensed providers will also be maintained on the Labour Hire Authority's website.
Penalties
Maximum penalties for supplying or using unlicensed labour hire services are currently $129,952 for individuals and $515,808 for companies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.